Convention on Biological Diversity

The Convention on Biological Diversity (CBD) is a landmark international environmental treaty that provides a legal framework for conserving biodiversity, promoting its sustainable use, and ensuring the fair sharing of benefits arising from genetic resources. Adopted during the 1992 Rio Earth Summit, the Convention has shaped biodiversity laws and policies across the world.
It plays a vital role in protecting ecosystems, wildlife, plant species, and traditional knowledge while supporting sustainable development and international cooperation.

What Is the Convention on Biological Diversity?
The Convention on Biological Diversity is an international legally binding treaty adopted to address the growing loss of biological diversity across the world. It seeks to protect ecosystems, species, and genetic diversity while ensuring that biological resources are used responsibly for present and future generations.
The Convention was adopted on 5 June 1992 during the United Nations Conference on Environment and Development (UNCED), popularly known as the Rio Earth Summit, held in Rio de Janeiro, Brazil. It entered into force on 29 December 1993 after receiving the required number of ratifications.
Today, the CBD is one of the most widely accepted environmental treaties, with 196 Parties, including India. It serves as the primary international legal instrument governing biodiversity conservation and sustainable use.
Unlike earlier international agreements that focused only on endangered species or specific habitats, the CBD adopts a comprehensive approach by covering biodiversity at the ecosystem, species, and genetic levels.
Why Was the Convention on Biological Diversity Needed?
During the second half of the twentieth century, rapid industrialisation, urbanisation, deforestation, pollution, climate change, and overexploitation of natural resources caused an alarming decline in biodiversity worldwide.
Some major concerns included:
- Increasing extinction of plant and animal species due to habitat destruction.
- Unsustainable exploitation of forests, fisheries, and wildlife.
- Loss of genetic diversity affecting agriculture and food security.
- Unequal use of biological resources without sharing benefits with countries possessing rich biodiversity.
- Lack of a coordinated international legal framework to address biodiversity conservation.
These concerns highlighted the need for a global treaty that could balance environmental protection with economic development. The Convention on Biological Diversity was adopted to fulfil this objective.
What Does Biological Diversity Mean?
Biological diversity, commonly called biodiversity, refers to the variety of living organisms found on Earth. It includes diversity at three different levels:
Ecosystem Diversity
This refers to the variety of ecosystems such as forests, grasslands, wetlands, deserts, rivers, mountains, coral reefs and marine ecosystems.
Species Diversity
Species diversity means the variety of different plant, animal, fungi and microorganism species existing within ecosystems.
Genetic Diversity
Genetic diversity refers to the variation in genes among individuals belonging to the same species. This diversity helps species adapt to environmental changes and survive diseases.
Together, these three components maintain ecological balance and support human life.
What Are the Objectives of the Convention on Biological Diversity?
Article 1 of the Convention lays down three primary objectives.
Conservation of Biological Diversity
The first objective is to conserve biodiversity by protecting ecosystems, habitats, plant species, wildlife and genetic resources.
This objective encourages countries to establish protected areas, conserve endangered species and prevent habitat destruction.
Sustainable Use of Biological Resources
The second objective is to ensure that biological resources are used sustainably without exhausting them.
Sustainable use means utilising forests, fisheries, medicinal plants, agricultural resources and wildlife in a manner that allows regeneration and long-term availability.
This objective balances environmental conservation with economic development.
Fair and Equitable Sharing of Benefits
The third objective focuses on ensuring that benefits arising from the use of genetic resources are shared fairly with countries and communities providing those resources.
Benefits may include:
- Monetary compensation
- Technology transfer
- Scientific collaboration
- Capacity building
- Research outcomes
- Royalty payments
This objective prevents the exploitation of biodiversity-rich countries without appropriate benefit-sharing.
What Are the Guiding Principles of the CBD?
The Convention is founded upon several important legal and environmental principles.
Sovereign Rights Over Natural Resources
Every country has sovereign rights over the biological resources found within its territory.
Access to these resources is governed by national laws rather than unrestricted international access.
Responsibility to Prevent Environmental Harm
Although countries have sovereign rights, they must ensure that activities within their jurisdiction do not cause environmental damage beyond their borders.
This principle promotes responsible environmental governance.
Biodiversity Is a Common Concern of Humankind
The Convention recognises biodiversity as an issue affecting the entire world.
Loss of biodiversity in one region can have ecological consequences beyond national boundaries, making international cooperation essential.
Sustainable Development
The Convention integrates biodiversity conservation with sustainable development.
Environmental protection and economic growth should complement each other instead of being treated as competing objectives.
Respect for Traditional Knowledge
The CBD recognises that indigenous peoples and local communities possess valuable traditional knowledge regarding biodiversity conservation and sustainable resource management.
Such knowledge deserves recognition and protection.
What Are the Major Features of the Convention on Biological Diversity?
The Convention contains several important legal and policy features.
Comprehensive Coverage
Unlike earlier agreements, the CBD protects biodiversity at:
- Ecosystem level
- Species level
- Genetic level
This broad scope makes it one of the most comprehensive environmental treaties.
National Biodiversity Strategies
Every Party is required to prepare National Biodiversity Strategies and Action Plans (NBSAPs).
These strategies guide national efforts relating to biodiversity conservation and sustainable use.
Conservation Measures
Countries must adopt measures such as:
- Protected areas
- Wildlife conservation
- Habitat restoration
- Ecosystem management
- Endangered species protection
These measures strengthen biodiversity conservation at the national level.
Sustainable Resource Management
The Convention encourages environmentally responsible use of forests, fisheries, agricultural resources and other biological resources.
Scientific Research
The CBD promotes scientific research on biodiversity and encourages countries to exchange information and technological knowledge.
Public Awareness
Governments are encouraged to increase environmental education and public awareness regarding biodiversity conservation.
Financial Support
Developed countries are expected to provide financial assistance to developing countries for implementing the Convention.
International Cooperation
The Convention promotes cooperation through scientific exchange, technical assistance and joint conservation initiatives.
What Are the Obligations of Parties Under the CBD?
Countries becoming Parties to the Convention undertake several legal obligations.
Develop National Policies
Governments must prepare biodiversity conservation policies and integrate them into national planning.
Identify and Monitor Biodiversity
Countries are expected to identify important biodiversity resources and monitor changes affecting them.
Monitoring helps formulate effective conservation strategies.
Establish Protected Areas
Protected areas such as national parks, wildlife sanctuaries and biosphere reserves should be established and effectively managed.
Promote In-Situ Conservation
In-situ conservation refers to protecting biodiversity within natural habitats.
Examples include:
- National parks
- Wildlife sanctuaries
- Marine protected areas
- Biosphere reserves
Promote Ex-Situ Conservation
Where in-situ conservation is insufficient, countries should encourage ex-situ conservation through:
- Botanical gardens
- Seed banks
- Gene banks
- Zoos
- Tissue culture facilities
Conduct Environmental Impact Assessment
Projects likely to affect biodiversity should undergo environmental impact assessments before implementation.
This helps minimise environmental damage.
Protect Traditional Knowledge
Traditional practices and knowledge associated with biodiversity should be recognised and safeguarded.
Encourage Public Participation
Local communities should participate in biodiversity conservation initiatives and decision-making processes wherever possible.
Submit National Reports
Parties periodically submit reports explaining the steps taken to implement the Convention.
These reports facilitate international monitoring and cooperation.
Institutional Structure of the Convention
The CBD has a well-defined institutional framework.
Conference of the Parties (COP)
The Conference of the Parties (COP) is the supreme decision-making body under the Convention.
It:
- Reviews implementation
- Adopts decisions
- Approves work programmes
- Negotiates future biodiversity commitments
- Guides international biodiversity policy
Secretariat
The Secretariat administers the Convention by:
- Organising meetings
- Coordinating implementation
- Facilitating communication among Parties
- Supporting negotiations
Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA)
SBSTTA provides scientific and technical advice to the COP regarding biodiversity conservation and sustainable use.
Clearing-House Mechanism (CHM)
The Clearing-House Mechanism promotes:
- Information sharing
- Scientific cooperation
- Technology exchange
- Best practices in biodiversity management
Financial Mechanism
The Global Environment Facility (GEF) functions as the financial mechanism supporting implementation of the Convention by funding biodiversity-related projects, particularly in developing countries.
What Are the Protocols Under the Convention on Biological Diversity?
The Convention has led to two major international protocols.
Cartagena Protocol on Biosafety
Adopted in 2000, the Cartagena Protocol regulates the safe transfer, handling and use of Living Modified Organisms (LMOs) resulting from modern biotechnology.
Its objectives include:
- Protecting biodiversity from biotechnology-related risks
- Promoting safe handling of genetically modified organisms
- Applying precautionary measures where scientific uncertainty exists
Nagoya Protocol on Access and Benefit-Sharing
Adopted in 2010, the Nagoya Protocol establishes an international legal framework governing access to genetic resources.
Its objectives include:
- Fair access to genetic resources
- Equitable sharing of benefits
- Legal certainty for providers and users
- Protection of traditional knowledge associated with genetic resources
The Protocol supports sustainable biodiversity conservation while encouraging research and innovation.
India’s Role Under the Convention on Biological Diversity
India is one of the world’s megadiverse countries and became an original Party to the Convention.
The country has adopted several legislative and institutional measures to fulfil its obligations.
Biological Diversity Act, 2002
The Biological Diversity Act, 2002 provides India’s legal framework for implementing the Convention.
Its objectives include:
- Conservation of biodiversity
- Sustainable use of biological resources
- Fair sharing of benefits arising from biological resources
National Biodiversity Authority
The National Biodiversity Authority (NBA) regulates access to biological resources and ensures compliance with benefit-sharing requirements.
State Biodiversity Boards
State Biodiversity Boards supervise biodiversity conservation activities at the state level and regulate access to biological resources.
Biodiversity Management Committees
Biodiversity Management Committees (BMCs) function at the local level and prepare People’s Biodiversity Registers documenting local biological resources and traditional knowledge.
National Biodiversity Action Plan
India has also prepared a National Biodiversity Action Plan identifying priorities for biodiversity conservation and sustainable management.
Conclusion
The Convention on Biological Diversity represents one of the most comprehensive international legal instruments for protecting the Earth’s biological wealth. By combining biodiversity conservation, sustainable use of natural resources and equitable benefit-sharing, it provides a balanced framework for addressing environmental challenges while supporting sustainable development.
India’s implementation through the Biological Diversity Act, 2002, the National Biodiversity Authority and related institutions demonstrates the Convention’s influence on domestic environmental governance.
Attention all law students and lawyers!
Are you tired of missing out on internship, job opportunities and law notes?
Well, fear no more! With 2+ lakhs students already on board, you don't want to be left behind. Be a part of the biggest legal community around!
Join our WhatsApp Groups (Click Here) and Telegram Channel (Click Here) and get instant notifications.



